1. (a) In this section, “opium” includes:

   1. (1) codeine; and
   2. (2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.

2. (b)

   1. (1) Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives.

   2. (2) This subsection does not apply to:

      1. (i) a sale made to an authorized provider; or
      2. (ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge.

3. (c)

   1. (1) Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives.
   2. (2) A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person.

4. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

   1. (1) for a first violation, a fine not exceeding $1,000;
   2. (2) for a second violation, a fine not exceeding $2,000; or
   3. (3) for each subsequent violation, imprisonment not exceeding 18 months.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 285.